Patent Law FAQ

An assignee must establish ownership under 37 CFR 3.73(c) in various situations, including when the assignee:

• Signs a request for status of an application
• Gives a power to inspect an application
• Appoints its own registered attorney or agent to prosecute an application
• Signs a disclaimer under 37 CFR 1.321
• Consents to the filing of a reissue application
• Signs a Fee Transmittal (PTOL-85B)

The MPEP notes: “Effective September 16, 2012, a juristic entity (e.g., organizational assignee) must be represented by a patent practitioner.”

What types of evidence can be used to establish assignee ownership in pre-AIA applications?

For pre-AIA applications (filed before September 16, 2012), assignees can use various types of evidence to establish ownership, including:

• Assignment documents
• Corporate merger documentation
• Patent purchase agreements
• Court orders
• Joint research agreements

The MPEP 324 states: “The submission establishing ownership must show that the person signing the submission is a person authorized to act on behalf of the assignee.” This means that in addition to proving ownership, the assignee must also demonstrate the authority of the person acting on their behalf.

For more information on assignee ownership, visit: assignee ownership.

For more information on pre-AIA, visit: pre-AIA.

For more information on USPTO procedures, visit: USPTO procedures.

An assignee establishes ownership in a patent application by filing a statement under 37 CFR 3.73(c). According to MPEP 325:

“The statement under 37 CFR 3.73(c) must be filed in the application or patent where ownership must be established and must contain:
(A) documentary evidence of a chain of title from the original owner to the assignee; or
(B) a statement specifying where documentary evidence of a chain of title from the original owner to the assignee is recorded in the assignment records of the Office.”

This statement serves as proof of the assignee’s right to take action in the application.

For more information on assignee ownership, visit: assignee ownership.

For more information on chain of title, visit: chain of title.

An assignee must establish ownership under 37 CFR 3.73(c) in various situations, including when the assignee:

• Signs a request for status of an application
• Gives a power to inspect an application
• Appoints its own registered attorney or agent to prosecute an application
• Signs a disclaimer under 37 CFR 1.321
• Consents to the filing of a reissue application
• Signs a Fee Transmittal (PTOL-85B)

The MPEP notes: “Effective September 16, 2012, a juristic entity (e.g., organizational assignee) must be represented by a patent practitioner.”

What types of evidence can be used to establish assignee ownership in pre-AIA applications?

For pre-AIA applications (filed before September 16, 2012), assignees can use various types of evidence to establish ownership, including:

• Assignment documents
• Corporate merger documentation
• Patent purchase agreements
• Court orders
• Joint research agreements

The MPEP 324 states: “The submission establishing ownership must show that the person signing the submission is a person authorized to act on behalf of the assignee.” This means that in addition to proving ownership, the assignee must also demonstrate the authority of the person acting on their behalf.

For more information on assignee ownership, visit: assignee ownership.

For more information on pre-AIA, visit: pre-AIA.

For more information on USPTO procedures, visit: USPTO procedures.

An assignee establishes ownership in a patent application by filing a statement under 37 CFR 3.73(c). According to MPEP 325:

“The statement under 37 CFR 3.73(c) must be filed in the application or patent where ownership must be established and must contain:
(A) documentary evidence of a chain of title from the original owner to the assignee; or
(B) a statement specifying where documentary evidence of a chain of title from the original owner to the assignee is recorded in the assignment records of the Office.”

This statement serves as proof of the assignee’s right to take action in the application.

For more information on assignee ownership, visit: assignee ownership.

For more information on chain of title, visit: chain of title.

An assignee must establish ownership under 37 CFR 3.73(c) in various situations, including when the assignee:

• Signs a request for status of an application
• Gives a power to inspect an application
• Appoints its own registered attorney or agent to prosecute an application
• Signs a disclaimer under 37 CFR 1.321
• Consents to the filing of a reissue application
• Signs a Fee Transmittal (PTOL-85B)

The MPEP notes: “Effective September 16, 2012, a juristic entity (e.g., organizational assignee) must be represented by a patent practitioner.”

What types of evidence can be used to establish assignee ownership in pre-AIA applications?

For pre-AIA applications (filed before September 16, 2012), assignees can use various types of evidence to establish ownership, including:

• Assignment documents
• Corporate merger documentation
• Patent purchase agreements
• Court orders
• Joint research agreements

The MPEP 324 states: “The submission establishing ownership must show that the person signing the submission is a person authorized to act on behalf of the assignee.” This means that in addition to proving ownership, the assignee must also demonstrate the authority of the person acting on their behalf.

For more information on assignee ownership, visit: assignee ownership.

For more information on pre-AIA, visit: pre-AIA.

For more information on USPTO procedures, visit: USPTO procedures.

An assignee establishes ownership in a patent application by filing a statement under 37 CFR 3.73(c). According to MPEP 325:

“The statement under 37 CFR 3.73(c) must be filed in the application or patent where ownership must be established and must contain:
(A) documentary evidence of a chain of title from the original owner to the assignee; or
(B) a statement specifying where documentary evidence of a chain of title from the original owner to the assignee is recorded in the assignment records of the Office.”

This statement serves as proof of the assignee’s right to take action in the application.

For more information on assignee ownership, visit: assignee ownership.

For more information on chain of title, visit: chain of title.